Probate Fee Information

How much does a solicitor charge for probate?

There are different ways solicitors might charge for assisting with Probate. Some charge based on the time spent doing work, some charge a percentage of the value of the estate and some charge a combination of both.

Paying a percentage of the estate value can often be more expensive, particularly if there is a property. Generally speaking, paying strictly on the basis of the time spent doing the work is the more cost effective option for the estate.

Mullis & Peake only charges for the actual work down and does not take a share of the estate. The fees usually start at £2,000 plus VAT at 20% (total £2,400) and expenses.

The full service and prices for probate we offer?

Dealing with the administration of an estate can be very stressful and time consuming, especially if you work or have caring responsibilities.  At such a difficult time, you may prefer to pass on that burden.  We can deal with every aspect of the estate administration, both legal and practical, including:

• Confirming the existence and validity of a Will
• Corresponding with all asset and liability holders in the estate
• Arranging valuations of all assets
• Arranging house insurance where necessary
• Calculating inheritance tax liability and preparing relevant tax returns
• Applying applicable reliefs to reduce your inheritance tax liability and arranging payment of any tax liabilities
• Preparing the probate application
• Closing all accounts and collecting in assets
• Placing statutory notices to help protect against claims from creditors
• Finalising income tax and capital gains tax where appropriate
• Drafting estate accounts
• Confirming the identity of and distributing to beneficiaries
• Conducting bankruptcy searches

If the estate is one which attracts no tax liability, our charges are typically £6,000-£8,000 plus VAT charged at 20% (total £7,200–£9,600) and expenses.

Where an estate attracts any tax liability, our charges start at £8,000 plus VAT charged at 20% (total £9,600) and expenses.

Common expenses include:

• Probate application fee £300
• Additional copies of the Grant - £1.50 each
• Statutory notices £250 (approx.)

Examples of circumstances that would not be typical and therefore might increase our fees are given below. This list is not intended to be exhaustive.

• Where there is no Will (known as an 'intestacy')
• Business or agricultural property
• Operating or selling a business
• Private company shares
• Assets abroad or of a specialist nature e.g. fine art
• A homemade or damaged Will
• Property issues such as unregistered title
• Deeds of variation or disclaimer or renunciation
• A large portfolio of certificated shareholdings
• Submitting a corrective account to HMRC detailing adjustments to originally submitted inheritance tax returns

A non-exhaustive list of examples of circumstances that would have a significant effect on our fee are as follows:

• Operating a business as an ongoing concern
• Complex intestacies where beneficiary tracing is required
• Registering the death, arranging the funeral, clearing the property and thereafter inspecting it for buildings insurance compliance

The exact costs for dealing with an estate will depend on the circumstances of the matter. For example, an estate with a high value property, one bank account and one beneficiary may be cheaper to administer than a lower value estate with no property but multiple certificated shareholdings and several beneficiaries.

Please note that the following are not included within our full service, although it might be possible to quote for such work separately:

• Changing the ownership or title of any properties – for example a sale or transfer (this firm’s conveyancing team will be pleased to provide a separate quotation for this work);
• Capital Gains or Income Tax returns – it may be necessary for an accountant to be instructed to deal with finalisation of the Income Tax and Capital Gains Tax position prior to the deceased’s death. We shall be able to liaise with the accountant to provide information required;
• Supplying beneficiaries with tax deduction certificates for their personal Income Tax returns;
• Registration of death and arranging funeral – whilst we may be able to deal with these matters in some circumstances, there will be an additional charge;
• Attending at or collecting papers or items from the deceased’s property or another premises
• Storing or arranging for the sale/distribution of personal possessions
• Advice on setting up and administering any trusts contained in the Will or created by the intestacy rules
• Drafting any documents to vary a Will or intestacy rules retrospectively (deed of variation)
• Dealing with foreign assets
• Dealing with any IHT valuation challenge
• Engagement in litigation or threatened litigation including caveats
• Locating missing beneficiaries

Our case handlers charge between £200 - £350 per hour plus VAT charged at 20% (total £240 - £420) and expenses.  A typical administration involves around 30 to 40 hours’ work.  The time taken to complete the work largely depends on third parties and is out of our control.  A lot of time is spent waiting on organisations such as HMRC, the Courts, banks or for properties to sell.

The basic service and prices for probate we offer?

Our basic service is designed for those who are happy to undertake the practical elements of an estate administration themselves, but require assistance with the more technical elements.

This may suit you if you are a close family member and there are a limited number of beneficiaries who are all known to you.

For the basic service, our involvement will be limited to the following matters:

• Preparing the inheritance tax return and applying for applicable reliefs where appropriate
• Preparing the Probate application
• Arranging payment of inheritance tax

You would be responsible for providing all of the information we might need to apply for Probate (this might include obtaining valuations and dealing with properties) and then dealing with the day-to-day administration of the estate, for example collecting in and distributing the estate or filing any post-death tax returns.

Because the work is limited, we are generally able to offer a fixed fee quote for the Basic Service.  For simple estates which only require an informal inheritance tax declaration, our fees would be £2,000 plus VAT charged at 20% (total £2,400) and any expenses we need to incur on your behalf.

For more involved estates which require a full tax return (using an IHT 400 form), our fees would be £3,500 plus VAT charged at 20% (total £4,200) and any expenses we need to incur on your behalf.

In terms of the expenses we anticipate incurring, this usually involves the following.

• Probate application fee - £300
• Additional copies of the Grant - £1.50 each

If you wish to engage us to undertake additional duties, the charges for such work would be made on a time recorded basis, which is currently between £200-£350 per hour plus VAT charged at 20% (total £240-£420) and expenses.

Who will deal with your case:

Manzurul Islam – Member

Kathleen Wells – Consultant Solicitor

Kristina Wolfenden – Senior Associate Solicitor

Shazia Akhtar – Associate Solicitor

Hazara Patel – Associate Solicitor

Muhammed Ali – Associate

Anne Wijayarathne – Associate Solicitor

Emma Boys-Smith - Solicitor